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(영문) 서울중앙지방법원 2016.08.31 2014가합43378
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Status 1) D Co., Ltd. (hereinafter “D”)

(2) A real estate sales agency business, real estate construction project, etc. is a company established by E, F, G, etc. on February 26, 2008, and E is its substantial operator. 2) C and H Co., Ltd. (hereinafter “H”) are special-purpose corporations established by the above D with the aim of constructing and selling commercial buildings on the ground of the living countermeasure site.

B. 1) D’s progress of the sales business: (a) the construction of a commercial building on the ground of the land for countermeasures against the life of the new city of Sungnam-si, Sungnam-si (hereinafter “instant I sales business”).

(2) On May 12, 2010, D Co., Ltd. entered into a joint project implementation agreement with D Co., Ltd. to distribute profits from the project to 50% each, and around September 2009, D Co., Ltd. entered into a joint project implementation agreement with D Co., Ltd. to allocate profits from the project. On May 12, 2010, D Co., Ltd. (hereinafter “instant L Co., Ltd.”). On May 16, 2010, D Co., Ltd. (hereinafter “J”) entered into a joint project implementation agreement with D Co., Ltd. to newly construct and sell a commercial building on the ground of the L Co., Ltd.’s living site to be supplied by the Korea Land and Housing Corporation (hereinafter “instant L Co., Ltd.”). The main contents of D Co., Ltd and each of the above companies agreed to distribute profits from the project as 50:50, and to establish a special corporation for the purpose of implementing the aforementioned project.

Accordingly, D respectively established a special purpose corporation C and M Co., Ltd. (hereinafter referred to as "M").

3. D and C entered into a joint project implementation agreement with J on June 25, 2010 on the Lsale Business in this case. The main contents of D and C have the status of exercising the above business, but they have both D and D and the above partnership, and D and each of the above unions has the profit distribution set forth earlier.

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